Otton v. Otton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George C. Otton, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Richmond on the 12th day of December, 1918, upon the decision of the court rendered after a trial at the Richmond Special Term.
1Opinion of the Court
Blackmar, P. J.:
The Code of Civil Procedure requires that in an action for a separation the complaint “ must specify particularly the nature and circumstances of the defendant’s misconduct, and must set forth the time and place of each act complained of, with reasonable certainty.” (Code Civ. Proc. § 1764.) Compliance with this requirement of the Code is substantially lacking in the complaint upon which this decree of separation was founded. Except for certain allegations of improper treatment of the children, the complaint contains the most general allegations, characterizing the relations…
2Cases cited2 opinions
- Donohue v. DonohueAppellate Division of the Supreme Court of the State of New York · 1917
- Umbach v. UmbachAppellate Division of the Supreme Court of the State of New York · 1918
3Cited by3 opinions
- Blessing v. BlessingNew York Supreme Court · 1960
- People ex rel. Roosevelt v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1961
- Dionysius v. DionysiusAppellate Division of the Supreme Court of the State of New York · 1921